Baljit Yadav @ Baaljit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49336 of 2025 Arising Out of PS. Case No.-223 Year-2025 Thana- OBRA District- Aurangabad ====================================================== Baljit Yadav @ Baaljit Yadav son of Suresh Yadav Village -Mahadewa PS -Obra District -Aurangabad Bihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Rupa Kumari, Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Obra P.S. Case No. 223 of 2025 instituted for the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution is that from a bike altogether 100 liters of country made liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He has further submitted that the name of this petitioner has been disclosed by Pintu Kumar Yadav with whom, the

Patna High Court CR. MISC. No.49336 of 2025(2) dt.06-08-2025 2/2 petitioner is having an enmity. He is not the owner of the bike and no recovery has been from his possession. His name has been framed in this case as the petitioner is having criminal antecedent two cases of similar nature.

5. In contra, learned APP appearing for the State has vehemently opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail with the condition that the petitioner will not indulge in similar nature of offence in future. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Obra P.S. Case No. 223 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Court No. 2nd, Aurangabad, Bihar subject to the conditions as laid down under section 438(2) of the Cr.P.C.

(Ashok Kumar Pandey, J) Shubham/- U T